Opinion

Myers v. Unemployment Compensation Board of Review

  • 533 Pa. 373
  • 625 A.2d 622
  • 1993 Pa. LEXIS 105
Court
Supreme Court of Pennsylvania
Filed
May 26, 1993
Status
Published
Author
Nix
On the bench
Nix, Larsen, Flaherty, Zappala, Papadakos, Cappy, Montemuro, Flah-Erty
Cited by
48 cases

holding that truck driver involved in three accidents over a period of four months did not engage in disqualifying misconduct because there was no evidence of intentional or deliberate conduct

How later courts described this case

  • holding that truck driver involved in three accidents over a period of four months did not engage in disqualifying misconduct because there was no evidence of intentional or deliberate conduct
  • a truck driver who was involved in three traffic accidents within six-month period did not commit willful misconduct as his unintentional conduct merely demonstrated that he was not a good truck driver
  • three accidents with employer's truck—on May 1 and September 4 and 5, 1989—did not constitute misconduct where evidence failed to show any intentional and deliberate conduct on employee's part

Written by the judges who cited it.

The opinion

NIX, Chief Justice,

concurring.

I join Mr. Justice Larsen’s Opinion of the Court. I write separately to note that there is no issue here of whether this appellant was properly terminated from his position with Yourga Trucking, Inc. If that were at issue, I would not hesitate to uphold the trucking company’s termination. The *382 issue here is whether the Unemployment Compensation Board of Review properly denied his application for unemployment benefits. I agree with Mr. Justice Larsen that the Board improperly denied the grant of benefits to Appellant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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